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    vrass517's Avatar
    vrass517 Posts: 1, Reputation: 1
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    #1

    Mar 3, 2008, 09:55 PM
    Parental Rights
    I live in California my boyfriend we are not married wants to give up his rights to his son to avoid paying child support can he do that?
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #2

    Mar 3, 2008, 09:59 PM
    Nope.

    Well, he can TRY to give up his parental rights, but most courts won't allow it. And even if he gave up his parental RIGHTS, that doesn't relieve him of his parental OBLIGATIONS (like child support).

    Tell him to suck it up. He helped bring a child into the world, and he can pay for it. I certainly don't want MY taxes to go to it because he can't fork over the money.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 3, 2008, 10:00 PM
    No, just laugh at him, first he can not give them up without your permission, and then almost no judge is going to allow it, even if you agreed for some reason. You need to get a court order for support if you don't have one yet and a order of custody if you don't have one yet.

    And even if he does give up his rights, unless you have a new partner to adopt, he still has to pay in most areas.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Mar 4, 2008, 09:35 AM
    As said before you have to agree to his release of rights. As for the support in most states he still has to pay until another party takes over i.e. an adoption by mom's new husband. However, there are five states in which the support stops when the rights stop Indiana is one I don't remember the other four though but any lawyers office that practices family law can tell you over the phone which way your state rules.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 4, 2008, 09:42 AM
    As Stina noted, some states (I know Texas is another) do stop support when a TPR is granted. But in those states its even harder to get a TPR because of that. No Family Court judge is going to eliminate a potential source of support for the child unless there is someone to replace it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 4, 2008, 09:50 AM
    Quote Originally Posted by ScottGem
    As Stina noted, some states (I know Texas is another) do stop support when a TPR is granted. But in those states its even harder to get a TPR because of that. No Family Court judge is going to eliminate a potential source of support for the child unless there is someone to replace it.

    Right, those States make it next to impossible to obtain a TPR because they don't want the child to be on the public dole.
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